Johnson v. Southern Pacific Co.

Action for damages for injury to certain mules by defendant’s cars. The cause was tried by a jury and plaintiff had the verdict on which judgment was entered for $796. Defendant appeals from the order denying its motion for a new trial. The pleadings are verified.

The complaint alleges the corporate capacity of defendant, and “that during all the times herein mentioned the said defendant corporation was in the possession, control, and operation of that certain railroad located and extending from the town of Roseville, county of Placer, state of California, northerly through the western part of said county and beyond, to and through the state of Oregon, and known as the 1 California Central’ railroad, and during all of said times the said defendant was engaged in the operation of its engines and cars over and along the said railroad.” These averments are not denied. It is further alleged that plaintiff was at all said times “i'n the possession and occupancy as; tenant of that certain farm [describing it], and.through and over which said farm the said ‘California Central’ railroad extended during all the times herein mentioned; that during-all of the times herein mentioned it was…